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Reasons
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(영문) 광주지방법원 순천지원 2014.04.09 2013고단2416
배임
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around September 12, 2012, the Defendant organized a successful bidder of KRW 15 and KRW 50,000,000, such as the Victim C, etc., and the successful bidder of the said successful bidder is determined as a successful bidder, which was the lowest interest that was given up of the successful bidder. The victim received the successful bidder by stating that the interest that was given up of the successful bidder around April 12, 2013 was the highest amount of KRW 5,270,00,000, and thus the successful bidder was awarded the successful bidder. As such, the Defendant, a successful bidder, who received the payment from the members of the fraternity around May 12, 2013 of the following month, had the duty to pay the remainder other than the interest given up.

The Defendant received KRW 2,729,00 from D on May 13, 2013, KRW 2,729,00 from E, KRW 6,68,00 from E, and KRW 6,60,00 from F, KRW 3,334,00 from G on May 14, 2013, KRW 2,729,00 from H, and KRW 2,729,00 from H, and KRW 2,729,00 from May 15, 2013; KRW 5,458,00 from J (former K) to the victim on May 17, 2013; KRW 2,729,00 from L (former); KRW 270,00 from H) to deposit money in the name of the Defendant under the name of 50,00 from 30,000,000 from 20,000 from 20,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A detailed statement of passbook transaction submitted by the suspect;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Articles 355 (2) and (1) of the Criminal Act concerning the crime, the reasons for sentencing choice of imprisonment, and the reasons therefor;

1. Sentencing Criteria [Determination of Punishment] Group of Embezzlement and Breach of Trust, Type 1 (less than KRW 100 million) (the scope of recommending punishment] basic area, period of imprisonment from April to April;

2. The defendant who made a decision on the sentence of sentence shall pay the fraternity from the members of the fraternity as the subject of the award of this case.

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